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I am just wondering if i am the only one to have signed the bylaws and the board of directors did not, and the fact that we are not a registered nonprofit, does that make the board of directors a legitimate board of directors

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

You can be a non profit organization that is not registered as a 501(c)(3) organization or otherwise registered with the IRS. However, until you are so registered with the IRS contributions will not be tax deductible under federal law. You may also have a restriction on your activities from those normally available to non profits at the state level. As for the bylaws, the Board has to adopt the bylaws but each board member is not required to sign them. It is sufficient if there is a resolution adopting the bylaws.

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Customer reply replied 6 months ago

my initial question here is that if I am the founder but not a board member can I dissolve the board considering there is no 501 c 3 status? In short can the board just be considered people just helping run certain functions of the organization and can be relieved of their duties at any given time by me?

Customer reply replied 6 months ago

The reason I want to dissolve the board is so that we can move into a fiscal sponsorship

Given the lack of any formal legal documents, I do not believe you have created any organization at all. For this reason you are free to do as you choose. You need to have an organizational document that sets forth the purpose of the organization, how it is to be organized and function. Bylaws are just the procedures that determine how the organization operates, they are not the charter document that forms the organization. Think of the charter document is the equivalent of a certificate of incorporation.

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Customer reply replied 6 months ago

basically what you are saying is I, Richard Schafferman, as founder, have the authority to dissolve the board and move forward with the fiscal sponsorship?

What I am saying is that you have not created anything yet. You are in the process of creating something but it has not been created as yet. Consequently, you can modify what you have done so far in any way you see fit to create an actual organization.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).